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2022-042 Resolution Amending Legislative Policy Manual Chapters 1 to 4 CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2022-042 AMENDING LEGISLATIVE POLICY MANUAL CHAPTERS 1 TO 4 WHEREAS, the City Council of the City of Hopkins has approved a document entitled the Legislative Policy Manual to provide uniform guidelines on City policies so that actions taken are consistent and fair; and WHEREAS,the City Council of the City of Hopkins has determined the existing policy needs to be amended to include various changes related to City processes and services and align with state statute. NOW THERFORE BE IT RESOLVED, that the City Council of the City of Hopkins hereby adopts the revisions to the Legislative Policy Manual Chapters 1 to 4. Adopted by the City Council of the City of Hopkins this 201h day of June, 2 By Pa rick H on, Mayor ATTEST: QDI;�AAZL� Amy Domeier, City Clerk CHAPTER I INTRODUCTION 1. PURPOSE 1.01 The purpose of this document is to provide uniform guidelines on City policies so that actions taken are consistent and fair. 2. CREATION OF POLICIES 2.01 Staff or City c-Council may initiate policies. Preliminary policies or suggestions for policies will be submitted to the City Manager. The City Manager shall assign a staff member to research and write a draft of the policy. 2.02 All Legislative policies shall be approved by a resolution of the Hopkins City Council. 2.03 Policies may be revised or modified at any time by vote of the City Council. 2.04 When a new or revised policy is approved by the City Council, the Assistaiit City Manager-City Clerk will see that eopies afe sent to all peFSORS holding eepies of the ffla update the electronic version and post to the City's website. 3. OBSERVANCE AND ENFORCEMENT 3.01 These policies shall apply to all elected and appointed officials and all employees. 3.02 Each department Bead---director shall be responsible for the implementation and enforcement of those sections of the manual pertaining to that department. Final authority for policy interpretation shall rest with the City Council. Established 8/18/87 Updated / /2022 City of Hopkins Legislative Policy Manual--Chapter 1 1 LEGISLATIVE POLICY MANUAL CHAPTER II Policy 2-A Council, Commissions,Committees, Boards Policy 2-B City Councill and Staff Relations Policy 2-C Council Meetings Policy 2-D Contributions to Agencies Policy 2-E Distribution of Minutes and Agendas Policy 2-F Ethics and Gifts Policy Policy 2-G Delegation of authority in City Manager's absence Policy 2-H Travel & Expense Reimbursement Policy 24 Guidelines for National Night Out Revised: August 28142022 Legislative Policy Manual--Chapter 11 1 POLICY 2-A COMMISSIONS, BOARDS AND COMMITTEES 1. PURPOSE 1.01 This policy shall define the roles of various advisory groups to the 14epkins-City Council. 2. COMMISSIONS/BOARDS 2.01 Section 2.02 of the Charter gives the Citv —Council the authority to create advisory commissions and boards. Commissions created by ordinance are the Peliee Civil So=,iee Commission (Seefien 320); the Zoning and Planning r^,r,. issionPlanning and Zoning Commission (Section 3252-68}- and the Park Board (Section 3352-69'; ��a *"� u,,.,,.,., Rights Commission (Seetion 340). Rules, regulations and duties for each are contained within those ordinances. 2.02 The Charter Commission is created and regulated by State Statute 410.05. 2.03 Other Commissieiis/i3oa dss Cemmit4eesCommission, Boards and Committees. Section 2.02 of the Charter allows the City -Council to appoint special commissions by ordinance or resolution. 2.04 Application for positions on boards or commissions are made to the ' City Clerk's office en-€o msby application and process prescribed by that office. 2.05 The mayef—City Council appoints commission/,_Ee; t;�� board member-sboard, and committee members subjeet to eenfinnation by the Getin . 2.06 Staff liaisons for commissions, boards and committees are assigned by the City Manager unless identified within the enabling ordinance. Established 8/18/87 Revised: 2/1/95 Revised / /2022 City of Hopkins Legislative Policy Manual--Chapter 2-A 1 POLICY 2-B CITY COUNCIL/AND STAFF RELATIONS 1. PURPOSE 1.01 The purpose of this policy is to set forth the basic regulations regarding the various contacts and working relationships of the member-&-&f-the City Council members and those employees appointed by or under the direction of the City Manager. 2. GENERAL 2.01 The City of Hopkins operates under the Council-Manager form of government. Under this form of local government, e44ew residents elect the City Council which is responsible for making basic policy decisions for the community. The City Council employs a City Manager who provides administrative leadership for carrying out the policy formulated by the City Council. 2.02 The success enjoyed by the Council-Manager form of local government is in large measure a result of a clear recognition on the part of all officials concerned that the legislative and administrative branches of government must operate within their respective spheres of responsibility to preserve the orderly process of governmental activity. 3. COMMUNICATIONS WITH COUNCIL MEMBERS 3.01 The City Manager is responsible for implementing the legislative and policy decisions of the City Council. The City Council issues all orders and directives through the City Manager because he/she they are-4s responsible for the day-to-day operation of the City government. 3.02 On-oeeasien a A City Council member, in his ^Y her desire to e the people of Hopkins ..hose interest he oshe is eleeted to veiee, may handle a problem or inquiry less formally, perhaps even making a request or suggestion directly to a department hea4director. In stieh an Inst nee if If the matter can be handled in conformance with existing administrative policy, it should be resolved as the priority of the problem dictates. However, if the requested or suggested action raises any policy or procedural questions, or if the proposed action is inconsistent with any previously adopted City-Council policies or actions, the staff member should bring the matter to the attention he City Manager's attention. 3.03 Requests from a Council Member for information or to respond to maintenance problems, ordinance enforcement difficulties, etc., shall be courteously responded to as soon as possible. If the information or assistance requested is of a complex nature or involves considerable study or research, the City Manager should be advised so a determination can be made as to whether or not the information would be of interest to all members of the City Council. 3.04 The membe fs of the City Council, the-City Manager and all City employees have a responsibility to maintain the sometimes-delicate balance of relationships essential to the proper functioning of the Council-Manager form of government. The role of Staff staff in Legislative Policy Manual--Chapter 2-B 1 maintaining this proper relationship is as important as the role of elected officials. Those in administrative positions have a responsibility to make recommendations on policy decisions, but such recommendations should be made only through their immediate superiors. Suggestions and recommendations from those in administrative positions should always be made through the proper channels. 3.05 On items before the City Council, a complex or controversial nature the staff should in all instances attempt to formulate a group consensus and ultimately a staff position or recommendation. Once this position or recommendation is established, individual staff members should support the position as is necessary to present a unified approach to the situation. 4. LETTERS WRITTENCORRESPONDENCE ON BEHALF OF COUNCIL MEMBERS 4.01 The City Manager's office routinely receives lettefs correspondence addressed to the Mayor or to a particular Council Member. requesting Couneil Membef administrative or technical information that can be provided by a City staff member. Such letters correspondence will be reviewed by the Assistant to-the-City Manager or the City Manager and forwarded to the appropriate department head director for preparation of a response. 4.02 Upon receipt of such a-letter correspondence from the City Manager's office, the department head-director should research any necessary information and prepare a responding letter-fer t-hesignattife-response on behalf of the Mayor or Council Member. The lower- left han� mar-gin of the leoer- should eentain the initials of the pefsen pfepafifig the letter- as %, those of the The letter-response will ;enmay be sent back to the City Manager's office for review. The City Manager's office Fwd-may submit the letter-correspondence of the eitize+-requestor and the prepared letter of response to the Mayor or particular Council Member for their review and atur-e The City Managef's offieo will then Make eopies for filing before sending ing the lettef to the eitizen. Established 8/18/87 Revised / /2022 City of Hopkins Legislative Policy Manual --Chapter 2-13 2 POLICY 2-C CITY COUNCIL MEETINGS 1. PURPOSE 1.01 The purpose of this policy is to establish guidelines for- arfanging f r :*ems to be pl aeed the City Couneil agenda, and how appear-anees afe public comment and staff attendance at City Council meetings. 2. MEETINGS 2.01 Regular scheduled meetings of the Hopkins-City Council are on the first and third Tuesday of each month. 2.02 City Council Work_sessiens Sessions are scheduled for the second Tuesday of each month. During Work Sessions items are discussed but not voted on until a future regular meeting_ 2.03 City Council meetings and Work-sessions Sessions may be scheduled on other days, by vote of the Council, if the regular meeting conflicts with elections, holidays, or due to lack of quorum. 3. CITY COUNCIL AGENDA 3.01 The City Council agenda is assembled by the City Manager's office. 3.02 Council Agendas are distributed to the City Council on the Frida�-Thursday prior to each Council meeting and posted on the City's website for public review. 4. APPEARANCESPUBLIC COMMENT 4.01 The City Council offers members of the public the opportunity to comment on items of public interest. This portion of the agenda is for issues that are not included on an agenda or are not in the application process at City Hall. 4.02 No Council action should be expected during Public Comments, as the Council needs to thoroughly study all proposals or requests not of a routine nature. 4.02 To make public comment before the Hopkins City Council netifieation must be r-eeeived by the City Managef's effiee by neon on the Thursday befer Couneil meeti .the request should be made on the form provided in the Council Chambers. The form requires a brief summary of the issue or topic to be addressed. 4.03 Individuals have three minutes to speak and are asked to provide their name and address for the official record. 4.02 Requests foF sueh an appeafanee should be aeeempanied by a brief sufafnar-y of the issue 0 topie to be addfessed. 4.0-304 the agenda. Public Comment is not solicited at Work Session meetings. Legislative Policy Manual--Chapter 2-C 1 5. STAFF ATTENDANCE AT CITY COUNCIL MEETINGS 5.01 Generally, it is not necessary for division and department directors to attend City Council meetings unless an item appears on the agenda which may require specific, detailed explanation from a departmental representative or unless requested to attend by the City Manager. Exeeptions to this inelude the City Attemey, City Clerk, and Eeen Development Direetef, whe will be expeeted to attend all r-egular- City Cetifteil , unless speeifieally e*eused by the City Manager. When attending a Council meeting, the division or department head director should look to the City Manager for guidance as to when to respond to questions or to volunteer information. The City Manager always has the option of"fielding" any question from a member of the City Council. 5.02 No employee shall bring any official business before the City Council without the express permission of his of he heir department headdirector. No department head director shall grant this permission or discuss a problem himself of hefse themselves with the City Council without the City Manager's approval. Unanticipated items or emergency matters must also be discussed with the CityfltManager before presentation or discussion with the City Council. 5.03 Any eity empleyee may appear before the Couneil as a private eitize.. voice their eeneems. Established 8/18/87 Revised / /2022 City of Hopkins Legislative Policy Manual--Chapter 2-C 2 POLICY 2-D CONTRIBUTIONS TO AGENCIES 1. PURPOSE 1.01 The purpose of the Policy is to establish procedures and guidelines regulating the allocation of funds to non-City sponsored organizations. 2. GENERAL 2.01 The City presently funds organizations that provide services to Hopkins residents. r-r-em time to t; Ocassionally, requests are made to increase funding or begin a new contribution. 2.02 Because public funds are being spent, the City Council expects that these organizations will keep accurate financial and program records so that the benefit from the City's funding can be readily determined. 2.03 The City Council will generally consider such requests when it can be clearly demonstrated that there is a significant potential benefit to Coy-their residents or when failure to provide funding would, in the City Council's opinion, create a serious hardship for a part or all of the community. Philosophically, the City Council believes that its funding of non-City organizations should be limited. 3. PROCEDURES 3.01 Requests for funding shall be submitted in writing to the City Manager's Office by Jay April 1, to be considered for funding for the year beginning the succeeding January 1. The request will specify the amount requested, why City funding is necessary, the reasons for changes, if any, in the requested amount, the specific benefit to Hopkins residents of elients to be sefyed, , previous program statistics related to such benefit, if available, and a proposed budget including expected sources and uses of funds. 3.02 The City Council may request representatives of such organizations to appear at budget work sessions held in August and Septembe , to further explain or justify requests. 3.03 If funded, organizations must agree to keep program statistics, as specified by the City Council, specifically documenting service or benefit to Hopkins residents, and submit such documentation to the City Manager's Office on Jtd-y-April 1 and January 1. 3.04 Funded organizations shall submit appropriate financial statements for the most recently completed fiscal year otherwise associated with the organization, which show their financial conditions and that the City's funds were spent for the intended purpose. 4. PROVISION FOR CITY COUNCIL INPUT 4.01 The City Council reserves the right to appoint one of its members or a representative to the Board of Directors of all organizations receiving City funding. Legislative Policy Manual--Chapter 2-D I Established 8/18/87 Revised/ /2022 Legislative Policy Manual --Chapter 2-D 2 POLICY 2-E DISTRIBUTION OF MINUTES AND AGENDAS 1. PURPOSE 1.01 The purpose of this policy is to provide guidance on the r-epfedtietiendistribution of agendas and minutes of the City Council and its official boards, committees and commissions. 2. GENERAL 2.01 Agendas and minutes of the City Council and its official boards, committees and Commiss;ecommissions are public documents. Agendas and minutes are available to the public for inspection and review by anyone wishing access to them during normal business hours. 3. COPIES OF AGENDAS AND/OR MINUTES 341 Anyenewhe eemes to City Wall may, any i,,.,,f e ., free of ehafge 3.02 Anyone whe eemes to City Hall fequesting additienal eepies ef ageRdas HfiEVOr- ffliflUtes 0 eepies ef agendas an&E)r- minutes of other- Couneil, eemmission, or- board meetings will be feEluiFed to pay the normal eest of eepies. 3.03 _ Agendas and Minutes are available on the City's website. Copies will be made available at City Hall upon request. 4. MAILED Ii ED DISTRIBUTION OF MINUTESAND AGENDAS 4.01 Copies of City Couneil agendas and fninuteswill be mailed ffee of ehafge tO the "IE)Win-gs City Couneil members Planning Commission members Member-s of the Neighbor-hood Advisory Beafd- Chaii,per-sens of other Hopkins Beards and Commissions (u Manager- City of Minnetonka Le cal Mediu Superintendent c,.l ool District 27-0 Hopki � Legislative Policy Manual --Chapter 2-E I 4.02 Copies of Planning Ce —endas and minuteswill be Fnafled five of ehafge tw City Couneil members Planning Commission member-s Members of the Neighbefheed Adviser-y Board Chairperson Hopkins Business and Givie Asseeiation (14BGM 4.03 Copies of agendas and/or- fninutes for all other Hopkins beards, eeffifflissions and e9mmittees will be mailed free—off ehar'"ge is members of the y C uneil,, and individual fnembers ethe-espeetiv ee,nmissioand-een mittees. 4.04 Others request* e mailed eepies of agendas an&ef fninutes will be required pay a fee to eover- the eost of distribution and eopying. The f�e will be set by feselution-of the City!`tined. 54. CERTIFIED COPIES OF MINUTES 5.01 Certified copies of agendas and/or minutes shall may require an additional fee. This fee shall be set by resolution of the City Council. Established: 10/15/91 Revised: 3/21/95 Revised: / /2022 City of Hopkins Legislative Policy Manual--Chapter 2-E 2 POLICY 2-G POLICY DESIGNATING DUTIES OF CITY MANAGER DURING ABSENCE OR DISABILITY 1. PURPOSE 1.01 The purpose of this policy is to establish guideline for the delegation of authority during eithe..the absenceor-dila il:*..of the City Manager's absence or disability. 2. DELEGATION OF AUTHORITY 2.01 Section 6.01, Chapter 6 Hopkins City Charter states that during the absence or disability of the City Manager the duties of the office shall be performed by some properly qualified person designated by the Council. 2.02 The following persons are hereby designated, under Chapter 6, Section 6.01 of the Hopkins Charter to perform the duties of the City manager- Manager during the absence or disability of the City Manager. The topmost person upon the list, not absent or disabled, shall be responsible for such duties. 1. Assistant City Manager 2. Finance Director 3. Public Works Director 2.03 All actions taken on behalf of the City manager-Manager shall be promptly reported to the manager—City—Manager on return, or to the City Council at the next meeting, whichever shall occur first. Established 8/18/87 Revised 7/1/97 Revised / /2022 City of Hopkins Legislative Policy Manual--Chapter 2-G 1 POLICY 2-H TRAVEL REGULATIONS REIMBURSEMENT POLICIES 1. PURPOSE 1.01 The purpose of this policy is to establish guidelines f r the ro n.bur-sement „fmoney spent provide guidelines and procedures to be used when employees and elected officials are reimbursed for travel or conference/workshop/training expenses. 2. OUT-OF-STATE TRAVEL FOR ELECTED OFFICIALS 2.01 The event, workshop, conference or assignment must be approved in advance by the City Council at an open meeting and must include an estimate of the cost of the tfaveitravel costs. In evaluating the out-of-state travel request, the Council will consider the following: • Whether the elected official will be receiving training on issues relevant to the city or to his Of iertheir role as the Mayor or as a eouneil-Council membexMember; • Whether the elected official will be meeting and networking with other elected officials from around the country to exchange ideas on topics of relevance to the City or on the official roles of local elected officials. • Whether the elected official will be viewing a city facility or function that is similar in nature to one that is currently operating at, or under consideration by the City where the purpose for the trip is to study the facility or function to bring back ideas for the consideration of the full council. • Whether the elected official has been specifically assigned by the City Council to visit another city for the purpose of establishing a goodwill relationship such as a "sister- city"relationship. • Whether the elected official has been specifically assigned by the City Council to testify on behalf of the city at the United States Congress or to otherwise meet with federal officials on behalf of the city. • Whether the e4y-City has sufficient funding available in the budget to pay the cost of the trip. 2.02 No reimbursements will be made for attendance at events sponsored by or affiliated with political parties. 2.03 The eit�,-Ci_ty may make payments in advance for airfare, lodging and registration if specifically approved by the council. Otherwise all payments will be made as reimbursements to the elected official. 2.04 The City will reimburse for transportation, lodging, meals, registration, and incidental costs using the same procedures, limitations and guidelines outlined in this policy for out-of- state travel by 64�-City employees. Legislative Policy Manual--Chapter 2-H l 3. APPROVAL AND ADVANCES 3.01 Reimbursement for City business related travel, conference, seminar and meeting expenses are intended to refund actual costs incurred by employees and elected officials of the City of Hopkins. 3.02 Cash advances intended to de f ay eests ineuFfed during authorized travel andpr-ief to submission of a TRAVEL EXPENSE~ REPORT AND REQUEST 7:l1D �TVIC D 1~TA B TD a 1✓A d>~ATT f may be obtained by submitting a REQUEST FOR TRAVEL ADVANCE-form the Finance Department. Cash advances will be made through payroll so all forms should be submitted per payroll deadlines. at least seve ealendar- da, r-eplar- Couneil fneeting at whieh the request for- Advanee will be- gid. 4. ALLOWABLE EXPENSES-LODGING 4.01 Accommodations shall be selected at a reasonable cost consistent with the facilities available and convenient to the location of the conference, seminar or meeting attended. 4.02 Only the costs of single occupancy will be reimbursed. If a double occupancy occurs (i.e. a spouse/guest accompanies the employee) the employee is responsible for the additional cost of double over single occupancy. 4.03 Lodging for the night before the commencement of a conference, seminar or meeting may be claimed. 4.04 Reimbursement for meals and lodging shall be limited to the period of time required if commercial air transportation were used. Generally this includes one travel day prior to the conference and one travel day after the conference. If a conference does not start until the late afternoon or evening, that day shall be considered the travel day. 4.05 Lodging within the Twin Cities metro area will not be reimbursed. 4.06 Exceptions to lodging procedures due to availability, location, or overall cost savings may be authorized by the employee's supervisor or the City Manager. 5. ALLOWABLE EXPENSES-TRANSPORTATION 5.01 Allowable transportation costs shall include reimbursement for mileage accumulated on a personal vehicle at the standard IRS rate per mile or the actual round trip coach-class airfare rate, whichever is less. When two or more employees are traveling in one automobile, reimbursement shall be made to one employee. 5.02 Air transportation shall be coach-class or economy fares unless such service is unavailable. Resef ations ., a to be made in advance_ r th earfliest. a * to insure the lowest possible "Super Saver" t�pe rates shall be used if available and appr-epf:iate for- the paftieula situation. If the reservation is not going to be used, it must be canceled immediately. 5.03 Airline travel credit. Whenever public funds are used to pay for airline travel by an elected official or City employee, any credits or other benefits issued by any airline must accrue to the benefit of the City. In the event the issuing airline will not honor a transfer or assignment of any credit or benefit, the individual passenger shall report receipt of the credit or benefit to the City Council within 90 days of receipt. Legislative Policy Manual --Chapter 2-H 2 5.04 Local transportation such as taxicab, mobility service provider and bus fares to and from the place of lodging and conference, seminar or meeting are reimbursable only if circumstances require such travel. Costs for local transportation not pertaining directly to City business will not be reimbursed. 5.05 Rental cars may be reimbursed if they are necessary for transportation to and from the conference. Employees will not be reimbursed for rental cars used for personal use such as sightseeing. Rental cars must be an economy-sized car. Approval from the employee's supervisor or the City Manager must be obtained prior to renting a vehicle for the expense to be eligible for reimbursement. 6. ALLOWABLE EXPENSES-MEALS 6.01 Reimbursement for meals while on authorized travel shall include only actual expenditures including tax and tip with a maximum gratuity of 20% when applicable. Receipts for meals must clearly indicate whether the requested reimbursement is for BREAKFAST, LUNCH, or DINNER, and the date of the meal. Detailed meal receipts should be obtained indicating the actual items purchased._Reimbursement will not be provided for any meals which are included as part of registration, tuition or fees. Scanned or emailed copies of receipts will be accepted. 6.02 Due to the general difficulty in acquiring receipts for meals and incidentals, any official or employee may claim a per diem reimbursement for actual and necessary expenses. The per diem for meals and miscellaneous subsistence expenses for employees who travel on City business shall be at the per diem rate established by the U.S. General Services Administration.- $66.00. 6.03 The per diem allowance includes all charges for meals, all gratuities and taxes, all fees and tips to bellhops and porters, any laundry and/or cleaning expenses and any other similar expenses. 6.04 Reimbursement is not allowed for alcoholic beverages. 6.05 Reimbursement for actual meal costs that exceed the daily allowance will be made only when documented by receipts. 6.06 If meals are included in tuition or registration fees and/or only a fraction of the day is authorized for travel, the per diem or expense allowance will be reduced as fellews ep r the per diem rates established by the U.S. General Services Administration; s doeumented other-wise.: Bre- –—$12an r inneF —X36.00 6.07 7. ALLOWABLE EXPENSES–GENERALLY shall elear-ly depiet the type of expense inetiffed, the date of its ifleuffenee, and 11 . of the expense. When using a eredit ear-d write the purpose of the expense en the efedit Legislative Policy Manual--Chapter 2-H 3 slip. if the er-edit pur-ehase is made ever- the phone, a Y-eeer-d of the ametint, , ate 7$2 Miseellaneous eyipenses may be authorized, sueh as business felated telephone and tip 7-.03 The City shall not pay for- any expenses, the eests ef whieh are ineluded in r-egistr-atien fe .,F ether- 7.0401 Spouse/Guest's eenfefenee r-egistfution or air-line tiekets may be advaneed by the City bu inefemental Wging expenses of double ever- single eeeupaney r-at,-S-. Expenses incurred by a spouse or guest attending a conference with an employee must be paid by the employ 7.0-502 The city will not reimburse for persenal telephone ealls, fental of luxuFy vehicles, recreational expenses such as golf or tennis except when activity is part of the overall conference fee. 7.03 Premiums for travel insurance or air insurance are not reimbursable. 7.04 Any questions of interpretation of this policy will be decided by the City Manager. 8. EXPENSE REPORTS 8.01 A TRAVEL EXPENSE REPORT AND REQUEST FOR REIMBURSEMENT Required expense forms shall be submitted to the Finance Department within thirty (30) days of the date of the conclusion of the conference, seminar, or other purpose for reimbursement by person claiming reimbursement including any receipts requried. Reeeipts for- expense shall aeE�y—each—T-RAVEr EXPENSE REPORT AND rte��c eats--�� REQUEST FOR R B TD C'EMENT f4m if ., aid r-eeeipt f a af4i,.,,1.,.- it�..� c.uaua a �.... un btainable, _ - TRAVEL VEL EXPENSE_REPORT AND—REQUEST—-FOR REIMBURSEMENT The forms must contain a statement certifying that the claim(s) for that particular item(s) is accurate and require a copy of the conference registration/brochure. 8.02 Any unused portion of a travel advance must be promptly returned to the City. Attendees shall be billed for nonreimbursable expenses paid by the City. I8.03 A eepy of the report. Established 8/18/87 Revised 3/28/90 Revised 12/2005 Revised 10/2012 Revised 8/2013 Revised / /2022 Legislative Policy Manual--Chapter 2-H 4 PO ICV 2 i T. PURPOSE 1.01 The purpose of the smoke ftee pokey is to preteet the health of all effipleyees by pfeseribing .-„los and regulations - smoking lid e4y buildings and around eit 2. BACKGROUND 2.01 The Surgeon General has eenfiFmed that seeond hand smoke eauses death arid disease-'in healthy rien okers 2.02 The EPA has elassified seeend hand smoke as a n rt eareinagen. That plaees it in the sarne eategefy as asbestos and eonfirms that seeend hand smoke ean eause eaneer. 2.03 People are not pfeteeted by simple separatiori I�em tebaeee smoke- 2.04 The City of Hopkins observes and supports the Minfieseta Clear! 1fideor Air Aet. 3.(liver 3.01 Effeetive N4afeh 2, 1993, all City of Hopkins buRdifig will be smoke ffee. SfRoking stftedy prohibited buildings, anO�y-vehiele s—ether rnoto . .. I -This policy applies to eigars, eigarettes, pipes and other types of tobaeeo smoking od et i avniz-rte employees,3.02 This poliey applies to all Gouned members, volunteers, Copies of this pokey will be distributed to all employees. 3.03 Smoke Free signs will be posted at the main entrafiee andwithin all buildirigs 3.04 Employee smoking areas outside of City buildings will be designated by the City Manager, Employees who ehoose to smoke will be aflowed to use the designated areas for smoking while the employee is ori break or during lurieh/rest periods. 4.- PENALTIES 4.01 Arty problems should be brought to the attention of your supervisor. Employees 'A' 4.02 An employee who has a g i oneern shall follow the Grievanee Pokey outline Seetion 9.06 of the Hopkins Administrative Poliey Manual, Poliey # 9 A or the grievanee pfoeedtife outlined in th eolleetive bar-gaining agreements. 5. GENERAL 5.01 All employees share in the responsibility for the sueeess Of this pokey. The City of Hopkins eneourages A non users to be supportive of the people who carry the buFdeH o this Pokey. Establishe& 9,119,197 Revised:—3'1/9-3 Deleted: / /2022 Legislative Policy Manual--Chapter 2-1 1 POLICY 2-J GUIDELINES FOR NATIONAL NIGHT OUT 1. PURPOSE 1.01 This policy shall define the guidelines for administration of the Hopkins National Night Out Activity. 2. GENERAL 2.01 The Police Department Crime Prevention Specialist will conduct a registration drive for neighborhoods in Hopkins at least 30 days in advance of National Night out. 2.02 All registration forms shall include a Tennessen warning asking the registering party if they wish the collecting agency to supply name, address and telephone information to news media,political leaders or candidates for political office who may wish to attend. 2.03 Copies of the participant listing containing a signed Tennessen waiver warning shall be supplied free of charge to any news media, political leader or candidate for political office who shall request the listing. 2.04 Copies of non-address specific listings for those neighborhoods who choose not to sign the Tennessen waiver-warning, may be supplied to any member of the news media, any political leader or candidate for political office who shall request the listing. 2.05 Copies of a non-address specific listing for all neighborhoods shall be provided to any member of the news media, political leader or candidate for political office who shall request it. 2.06 The Chief of Police prior to release shall approve copies of the address specific listing with Tennessen waiver warning and non- specific listing without waiverwarning. 3. TRANSPORTATION 3.01 Political leaders and candidates for political office shall not be transported to or escorted to, locations of National Night Out gatherings by any member of the Police or Fire Department. Established: 11/8/2000 Legislative Policy Manual --Chapter 24 1 LEGISLATIVE POLICY MANUAL CHAPTER III Policy 3-A Public Relations Policy 3-11 News Releases Policy 3-C Cable Television Policy 3-D Records Retention Policy 3-E Data Practices Policy 3-F Web Link Policy Policy 3-G Social Media Policy Policy 3-H Electronic Sienature Policy. Formatted:Font:sold Revised:M feh 20042022 Legislative Policy Manual--Chapter 111 I POLICY 3-A PUBLIC RELATIONS 1. PURPOSE 1.01 The purpose of this policy is to establish a philosophy which will guide City employees in their dealings with the public. 2. GENERAL RULES 2.01 The purpose of the government of the City of Hopkins is to provide the best possible service to our eit;ze„sresidents. This service will be provided courteously and efficiently to all ^'�nsresidents. Established 8/18/87 Revised / /2022 City of Hopkins Legislative Policy Manual--Chapter 3-A 1 POLICY 3-B NEWS RELEASES AND THE MEDIA 1. PURPOSE 1.01 The purpose of this policy is to establish guidelines for news releases and answering questions from the media. 2. POLICY 2.01 It is the official City policy that every effort will be made to keep the public informed as to the actions of the government of the Cityof Hopkins. 2.02 It is the City Council's intent to provide information and news releases that are accurate, consistent, and reflect official City policy. All news releases shall emanate from the City Manager's office. 2.03 The City will release all information to members of the media or the public that is not protected by the Minnesota data privacy statutes. 3. IMPLEMENTATION 3.01 This policy is fully implemented in the relevant section of the Administrative Policy Manual. Established 8/18/87 Revised / /2022 City of Hopkins Legislative Policy Manual --Chapter 3-13 1 POLICY 3-C CABLE TELEVISION 1. PURPOSE 1.01 The purpose of this policy is to establish guidelines for the use of municipal public cable television. 2. CABLECASTS 2.01 The purpose of municipal public television is to inform the eitizens e f Hopkins_residents on matters of general public welfare or concern. 2.02 Th�of-Hopkins will, to the extent possible,-cablecast and stream live all City Council and ming Planning & PlannifgZoninp Commission meetings._Park Board meetings will be replayed on the cable television channel. 2.03 The City also encourages and supports the use of public access television by City departments and the public. 3. BULLETIN BOARD 3.01 The Hopkins Cable Bulletin Board is available to advertise the activities of any government agency or local non-profit organization. Non-profit organizations advertising events or activities, which occur outside of Hopkins, may be accepted on a space available basis. 3.02 No advertising will be accepted from for-profit organizations or individuals. Established 8/18/87 Revised/./2022 City of Hopkins Legislative Policy Manual--Chapter 3-C 1 POLICY 3-D RECORDS RETENTION 1. POLICY 1.01 The Hopkins City Council adopts the Minnesota Records Retention Schedule. The schedule, its application and administration are detailed in the Administrative Policy Manual. Established 8/18/87 City of Hopkins Legislative Policy Manual--Chapter 3-13 1 POLICY 3-E DATA PRACTICES POLICY DATA PRACTICES POLICY 1. POLICY....................................................................................... 2 2. DEFINITIONS............................................................................... 2 3. REQUESTS FOR GOVERNMENT DATA........................................... 3 4. ACCESS TO DATA ON INDIVIDUALS.............................................. 5 5. PERSONNEL DATA...................................................................... 7 6. CITY ATTORNEY/LEGAL............................................................ 10 7. ELECTED/APPOINTED OFFICIALS............................................... 12 S. COMMUNITY & ECONOMIC DEVELOPMENT DATA....................... 13 9. HOUSING AGENCY DATA............................................................ 15 10. HOUSING BENEFIT DATA............................................................ 16 11. SOCIAL RECREATIONAL DATA.................................................... 17 12. MISCELLANEOUS....................................................................... 17 INDEX................................................................................................ 20 Legislative Policy Manual-Chapter 3-E 1 1. POLICY 1.01 It is the policy of the City of Hopkins to provide access to government data, to protect the rights of data subjects, and to limit the collection of data to that necessary to carry out the mission of the City. To this end the City of Hopkins has designated rakes Gone! the City Clerk as the Responsible Authority for government data. 2. DEFINITIONS 2.01 "Commissioner" means the Commissioner of the Department of Administration. (M.S. 13.02, Subd. 2.) 2.02 "Confidential data on individuals" means data that is: (a) not public and is inaccessible to the individual subject of that data; or (b) collected by a civil or criminal investigative agency as part of an active investigation undertaken for the purpose of the commencement of a legal action. Confidential data on individuals does not include arrest information that is reasonably contemporaneous with an arrest or incarceration. (M.S. 13.02, Subd. 3) 2.03 "Data not on individuals" means all government data that is not data on individuals. (M.S. 13.02, Subd. 4.) 2.04 "Data on individuals" means all government data in which any individual is or can be identified as the subject of that data, unless the appearance of the name or other identifying data can be clearly demonstrated to be only incidental to the data and the data is not accessed by the name or other identifying data of any individual. (M.S. 13.02, Subd. 5.) 2.05 "Designee" means any person designated by a Responsible Authority to be in charge of individual files or systems containing government data, and to receive and comply with requests for government data. (M.S. 13.02, Subd. 6.) 2.06 "Government data" means all data collected, created, received, maintained, or disseminated by the City regardless of its physical form, storage media, or conditions of use. (M.S. 13.02, Subd. 7.) 2.07 "Individual" means a natural person. In the case of a minor, "individual" includes a parent or guardian or an individual acting as a parent or guardian in the absence of a parent or guardian, except that the Responsible Authority shall withhold data from parents or guardians, or individuals acting as parents or guardians in the absence of parents or guardians, upon request by the minor, if the Responsible Authority determines that withholding the data would be in the best interest of the minor. (M.S. 13.02, Subd. 8.) 2.08 "Nonpublic data" means data not on individuals that is: (a) not public; and (b) accessible to the subject of the data. (M.S. 13.02, Subd. 9.) 2.09 "Person" means any individual, partnership, corporation, association, business trust, or a legal representative of an organization. (M.S. 13.02, Subd. 10.) 2.10 "Private data on individuals" means data that is: (a) not public; and (b) accessible to the individual subject of the data. Private data on individuals does not include arrest information that is reasonably contemporaneous with an arrest or incarceration. (M.S. 13.02, Subd. 12.) 2.11 "Protected nonpublic data" means data not on individuals that is: (a) not public; and (b) not accessible to the subject of the data. (M.S. 13.02, Subd. 13.) Legislative Policy Manual-Chapter 3-E 2 2.12 "Responsible Authority" means the individual designated by the City Council as the individual responsible for the collection, use and dissemination of any set of data on individuals, government data, or summary data, unless otherwise provided by state law. (M.S. 13.02, Subd. 16.) 2.13 "Security information" means government data, the disclosure of which, would be likely to jeopardize the security of information, possessions, individuals, or property. "Security information" includes crime prevention block maps and lists of volunteers who participate in community crime prevention programs and their home addresses and telephone numbers. (M.S. 13.37, Subd. la.) 2.14 "Summary data" means statistical records and reports derived from data on individuals but in which individuals cannot be identified. (M.S. 13.02, Subd. 19.) 2.15 "Trade secret information" means government data, including a program or process (a) that was supplied by an individual or organization; (b) that is the subject of efforts by the individual or organization to maintain its secrecy; and (c) that derives economic value from not being generally known to other persons who can obtain economic value from its disclosure or use. (M.S. 13.37, Subd. lb.) 3. REQUESTS FOR GOVERNMENT DATA (See also Responding to Requests for Government Data) (M.S. 13.03, Subd. 3) 3.01 Public data. All information maintained by the City is public unless there is a specific statutory designation that gives it a different classification. 3.02 Requests for access to public data. • People Entitled to Access. Any person has the right to inspect and copy public data. The person also has the right to have an explanation of the meaning of the data. The person does not need to state his or her name or give a reason for the request. • Form of Request. The request for public data may be verbal or written. • Time Limits. Requests will be received and processed only during normal business hours. Information should be supplied immediately or as soon as reasonably possible. If copies are requested, and they cannot be made at the time of the request, copies must be supplied as soon as reasonably possible. • Fees. Fees may be charged only if the requesting person asks for a copy or electronic transmittal of the data. Fees will be charged according to the City's standard photocopying policy unless significant time is required. In that case, the fee will include the actual cost of searching for, retrieving, and making, certifying, and compiling copies or electronically transmitting the data, including the cost of employee time. However, if 100 or fewer pages of black and white, letter or legal size paper copies are requested, the City shall charge no more than 25 cents for each page copied. The fee may not include time necessary to separate public from non-public data. • The Data Practices Act does not require the City to create or collect new data in response to a data request if we do not already have the data, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. If the City agrees to create data in response to a request, the City will provide an estimate of the cost and response time. Legislative Policy Manual-Chapter 3-E 3 3.04 Requests for data with commercial value. When a request involves copies of public government data that has commercial value and is an entire program, technique, process, data base, or system developed with a significant expenditure of public funds by the City, the Responsible Authority may charge a reasonable fee for the information in addition to the costs of making, certifying, and compiling the copies. Any fee charged must be clearly demonstrated by the City to relate to the actual development costs of the information. The Responsible Authority, upon the request of any person, shall provide sufficient documentation to explain and justify the fee being charged. 3.05 Denying access to data. If the Responsible Authority or designee determines that the requested data is classified and to denies the requesting person access, the Responsible Authority or designee shall inform the requesting person of the determination either orally at the time of the request, or in writing as soon as possible. The Responsible Authority shall cite the specific statutory section, temporary classification, or specific provision of federal law on which the determination is based. (M.S. 13.03, Subd. 3) 3.06 Change to classification of data not on individuals. Except for security information, nonpublic and protected nonpublic data shall become public either 10 years after the creation of the data by the City or 10 years after the data was received or collected by the City unless the Responsible Authority reasonably determines that, if the data were made available to the public or to the data subject, the harm to the public or to a data subject would outweigh the benefit to the public or data subject. (M.S. 13.03, Subd. 8) 3.07 Effect of changes in classification of data. Unless otherwise expressly provided by a particular statute, the classification of data is determined by the law applicable to the data at the time a request for access to the data is made, regardless of the data's classification at the time it was collected, created, or received. (M.S. 13.03, Subd. 9) 4. ACCESS TO DATA ON INDIVIDUALS (See also Data on Individuals) 4.01 Collection and storage of government data and data on individuals by employees and agents of the City shall be limited to that necessary for the administration and management of programs specifically authorized by the federal government, legislature, and this city. 4.02 Private or confidential data on an individual shall not be collected, stored, used, or disseminated by this city for any purposes other than those stated to the individual at the time of collection in accordance with M.S. 13.04, except as provided below. Data collected prior to August 1, 1975, which has not been treated as public, may be used and disseminated for the purposes for which the data was originally collected or for purposes which are specifically approved by the Commissioner as necessary to public health, safety, or welfare. 4.03 People Entitled to Access 1. Private or confidential data may be used and disseminated to individuals or agencies specifically authorized access to that data by state, local or federal law enacted or promulgated after the collection of the data. 2. Private or confidential data may be used and disseminated to individuals or agencies subsequent to the collection of the data when specifically approved by the Commissioner as necessary to carry out a function assigned by law. Legislative Policy Manual-Chapter 3-E 4 3. Private or confidential data may be used and disseminated to any person or agency, if the individual subject or subjects of the data have given their informed consent. Informed consent shall include a statement which is: a) in plain language; b) dated; c) specific in designating the particular persons or agencies the data subject is authorizing to disclose information about the data subject; d) specific as to the nature of the information the subject is authorizing to be disclosed; e) specific as to the persons or agencies to whom the subject is authorizing information to be disclosed; f) specific as to the purpose or purposes for which the information may be used by any of the parties named in clause (e), both at the time of the disclosure and at any time in the future; g) specific as to its expiration date, which should be within a reasonable period of time, not to exceed one year. 4.04 Tennessen Warning. All individuals asked by any employee or agent of this City to supply private or confidential data concerning himself or herself shall be informed of: 1. The purpose and intended use of the requested data within the City; 2. Whether he or she may refuse or is legally required to supply the requested data; 3. Any known consequence arising from his or her supplying or refusing to supply private or confidential data; and 4. The identity of other persons or entities authorized by state or federal law to receive the data. 4.05 Upon request to the Responsible Authority or a designee, an individual shall be informed: 1. Whether he or she is the subject of stored data on individuals; and 2. Whether it is classified as public, private or confidential. 4.06 Upon further request, an individual who is the subject of stored private data on individuals shall be shown the data without any charge to her or him and, if he or she desires, shall be informed of the content and the meaning of that data. After an individual has been shown the private or public data and informed of its meaning, the data need not be disclosed to her or him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. 4.07 The Responsible Authority shall provide copies of data upon request by the individual subject of the data. The cost of providing copies shall be borne by the individual. 4.08 The Responsible Authority shall comply immediately, if possible, with any request made pursuant to this section or within ten days of the date of request, excluding Saturdays, Sundays, and legal holidays, if immediate compliance is not possible. 4.09 An individual may contest the accuracy or completeness of public or private data concerning himself or herself. To exercise this right, an individual shall notify in writing the Responsible Authority describing the nature of the disagreement. The Responsible Authority shall within 30 days either: Legislative Policy Manual-Chapter 3-E 5 I. Correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or 2. Notify the individual that he or she believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. 4.10 No employee or agent of the City may release any private or confidential data to any person unless that employee is the Responsible Authority or one of his designees, or another person authorized by the Responsible Authority. 4.11 Preparation of summary data. The use of summary data derived from private or confidential data on individuals is permitted. Unless classified pursuant to section 13.06, another statute, or federal law, summary data is public. The responsible authority shall prepare summary data from private or confidential data on individuals upon the request of any person if the request is in writing and the cost of preparing the summary data is borne by the requesting person. 5. PERSONNEL DATA (M.S. 13.43) 5.01 Personnel data "Personnel data" means data on individuals collected because the individual is or was an employee of, or an applicant for, employment by this city. 5.02 Public data on current and former employees. Except for persons described in Section 5.05, the following personnel data on current and former employees, those who perform services on a voluntary basis, and persons acting as independent contractors: 1. name; 2. actual gross salary; 3. salary range; 4. contract fees; 5. actual gross pension; 6. the value and nature of employer-paid benefits; 7. the basis for and the amount of any added remuneration, including expense reimbursement, in addition to salary; 8. job title; 9. job description; 10. education and training background; 11. previous work experience; 12. date of first and last employment; 13. the existence and status of any complaints or charges against the employee whether or not the complaint or charge resulted in disciplinary action; 14. the final disposition of any disciplinary action together with the specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees of the public body; (Final disposition is defined in M.S. 13.43, Subd 2 (b) 15. the terms of any agreement settling any dispute arising out of the employment relationship; 16. work location; (includes address and e-mail address-see Commissioner's Opinion 97- 049) Legislative Policy Manual -Chapter 3-E 6 17. work telephone number; 18. badge number; 19. honors and awards received; 20. payroll time sheets except to the extent that release of time sheet data would reveal the employee's reason for the use of sick or other medical leave. 21. a photograph of a current or former employee may be displayed to a prospective witness as part of an investigation of any complaint or charge against an employee. (M.S. 13.43, Subd. 2 (c) ) 5.03 Public data on current and former applicants. Except for applicants described in Section 5.05, the following personnel data on current and former applicants for employment by this city is public: 1. Names of applicants when certified as eligible for appointment to a vacancy or when applicants are considered by the appointing authority to be finalists for a position in public employment. For purposes of this subdivision, "finalist" means an individual who is selected to be interviewed by the appointing authority prior to selection; 2. veteran's status; 3. relevant test scores; 4. rank on eligible list; 5. job history; 6. education and training; 7. work availability. 5.04 Examples of private personnel data. All other personnel data, including but not limited to the following types, categories, files, and process is private data on individuals, except pursuant to a valid court order: 1. Data collected for disciplinary proceedings prior to the hearing; 2. Insurance status; 3. Medical records when part of personnel data; 4. Psychological evaluations; 5. Social security numbers; 6. Physical limitations; 7. Adult criminal history data; 8. References; 9. Employee home addresses and telephone numbers; 10. City and county of residence; 11. Sick leave forms containing doctor's reports; 12. Oral interviewer file prior to an applicant's oral exam; 13. Exit interview responses; 14. Racial and ethnic data; 15. Marital status; 16. Reference check data as it appears by potential employees; 17. College transcripts, except for name of institution, degree granted, and date; 18. Names of applicants for employment until certified as eligible for appointment to a vacancy; 19. Appointment books (96-056) 20. Employee's bank name, account number, and amount deposited for employees using payroll direct deposit (00-013) 21. Employee Photographs (98-027) Legislative Policy Manual-Chapter 3-E 7 5.05 Personnel data on undercover law enforcement officers. All personnel data maintained by this city relating to an individual employed as or an applicant for employment as an undercover law enforcement officer is private data on individuals. 5.06 Examination data. Data consisting solely of testing or examination materials, or scoring keys used solely to determine individual qualifications for appointment or promotion in public service, or used to administer a licensing examination, or academic examination, the disclosure of which would compromise the objectivity or fairness of the testing or examination process are classified as nonpublic, except pursuant to court order. (M.S. 13.34) 5.07 Labor Relations information. Labor relations information means management positions on economic and non-economic items that have not been presented during the collective bargaining process or interest arbitration, including information specifically collected or created to prepare the management position. (M.S. 13.37, Subd. 1 (c)) 5.08 Harassment data. When allegations of sexual or other types of harassment are made against an employee, the employee does not have access to data that would identify the complainant or other witnesses if the Responsible Authority determines that the employee's access to that data would: 1. Threaten the personal safety of the complainant or a witness; or 2. Subject the complainant or witness to harassment. 3. If a disciplinary proceeding is initiated against the employee, data on the complainant or witness shall be available to the employee as may be necessary for the employee to prepare for the proceeding. (M.S. 13.43, Subd. 8) 5.09 Drug Test Results. Test result reports and other information acquired in the drug or alcohol testing process are private data on individuals and may not be disclosed by an employer or laboratory to another employer or to a third-party individual, governmental agency, or private organization without the written consent of the employee or job applicant tested. (M.S. 181.954, Subd. 2) 5.10 Accident and Worker's Compensation Data. The following data collected or created by the League of Minnesota Cities Insurance Trust in order to process claims for workers' compensation are classified as either private data in regard to claims when the insured worker is living, or nonpublic data in regard to claims when the insured worker is deceased: 1. claim number; 2. date of claimed injury; 3. employee's social security number; 4. home phone number; 5. home address; 6. date of birth; 7. sex; 8. marital status; 9. whether claimed injury caused loss of time from work; 10. whether the employee lost time from work on the day of the claimed injury and the number of hours lost; 11. whether the employee has returned to work; 12. whether full or partial wages were paid for the first day of lost time and the amount Legislative Policy Manual-Chapter 3-E 8 paid, 13. time of day, 14. location where injury occurred; 15. whether the injury occurred on employer's premises; 16. the name, address, and phone number of the treating physician or practitioner; identification of the hospital where treated; 17. nature of the claimed injury or occupational illness; 18. part of body affected; 19. name or type of object involved in causing the injury; 20. nature of injury; 21. type of accident; 22. description of actions taken to prevent reoccurrence; 23. names of coworker witnesses; and 24. all data collected or created as a result of the investigation of the claim including, but not limited to, physicians' reports; other data on the medical condition of the claimant; data collected from the claimant's physicians; and data collected in interviews of the claimant's employer, coworkers, family members, and neighbors. (M.S. 13.714) OSHA300 Log and OSHA300 Summary are public data see 29 CFR 1904.35 5.11 Access by labor organizations. Personnel data may be disseminated to labor organizations to the extent that the Responsible Authority determines that the dissemination is necessary to conduct elections, notify employees of fair share fee assessments, and implement the provisions of chapters 179 and 179A. Personnel data shall be disseminated to labor organizations and to the Bureau of Mediation Services to the extent the dissemination is ordered or authorized by the commissioner of the bureau of mediation services.' 5.12 Employee assistance data. All data created, collected or maintained by the City to administer employee assistance programs are classified as private. 5.13 Salary and personnel benefit survey data purchased from consulting firms, nonprofit corporations or associations, or obtained from employers with the written understanding that the data shall not be made public, and that is maintained by the City, are classified as nonpublic. 5.14 Supervisor's files. Supervisor's files that identify individual employees being supervised are government data and personnel data and are accessible by the employees. The actual data may be public or private depending on what it concerns. (Advisory Opinion 94-023) 6. CITY ATTORNEY/LEGAL 6.01 City Attorney Notwithstanding the provisions of M.S. Chapter 13 and M.S. 15.17, the use, collection, storage, and dissemination of data by the city attorney acting in his or her professional capacity for this city shall be governed by statutes, rules, and professional standards concerning discovery, production of documents, introduction of evidence, and professional responsibility. The provisions of the Minnesota Government Data Practices Act do not apply to city attorneys. This provision shall not be construed to affect the applicability of any statute, other than Chapter 13 and M.S. 15.17, which specifically 1BMS rule 5510.1410, Subd. 2 requires cities to give the home address and social security number of union members to the exclusive representative. Legislative Policy Manual-Chapter 3-E 9 requires or prohibits disclosure of specific information by the city attorney, nor shall this provision be construed to relieve the Responsible Authority, other than the city attorney, from his or her duties and responsibilities pursuant to the Minnesota Government Data Practices Act. (M.S. 13.30) 6.02 Investigative Data. (M.S. 13.39) Subdivision 1. Definitions. A "pending civil legal action" includes but is not limited to judicial, administrative or arbitration proceedings. Whether a civil legal action is pending shall be determined by the city attorney. Subd. 2. Civil actions. (a) Except as provided in paragraph (b), data collected by the City as part of an active investigation undertaken for the purpose of the commencement or defense of a pending civil legal action, or which are retained in anticipation of a pending civil legal action, are classified as protected nonpublic data in the case of data not on individuals, and as confidential in the case of data on individuals. The City may make any data classified as confidential or protected nonpublic pursuant to this subdivision accessible to any person, agency or the public, if the City determines that the access will aid the law enforcement process, promote public health or safety, or dispel widespread rumor or unrest. (b) A complainant has access to a statement provided by the complainant to the City under paragraph (a). Subd. 2a. Disclosure of data. During the time when a civil legal action is determined to be pending under subdivision 1, any person may bring an action in the district court in the county where the data is maintained to obtain disclosure of data classified as confidential or protected nonpublic under subdivision 2. Subd. 3. Inactive investigative data. Inactive civil investigative data are public, unless the release of the data would jeopardize another pending civil legal action, and except for those portions of a civil investigative file that are classified as not public data by this chapter or other law. Any civil investigative data presented as evidence in court or made part of a court record shall be public. Civil investigative data becomes inactive upon the occurrence of any of the following events: 1. a decision by the City not to pursue the civil action (Data determined to be inactive may become active, if the City decides to renew the civil action); 2. expiration of the time to file a complaint under the statute of limitations or agreement applicable to the civil action; or 3. exhaustion of or expiration of rights of appeal by either party to the civil action. 6.03 Lawsuits. Letter from a private attorney notifying the city of a possible claim is public. (St. Peter Herald v. city of St. Peter, March 5, 1993.) 6.04 Drafts of Documents. A preliminary draft of a document, the final version of which is meant to be published to a third party, may be protected by the attorney-client privilege if the circumstances indicate that the draft implicitly communicates legal advice or a request therefore. Regardless of whether the final version is meant to be published to third parties, a preliminary document draft, which is prepared for the purpose of communicating legal advice or a request for legal advice, may be privileged, if the client and attorney intend that the draft be kept confidential and if the draft is in fact kept confidential. (Kobluk v. University of Minn.) Legislative Policy Manual-Chapter 3-E 10 7. ELECTED/APPOINTED OFFICIALS 7.01 The following personnel data on elected officials is public (M.S. 13.601): 1. name; 2. address; 3. phone number; 4. city and county of residence; 5. actual gross salary; 6. salary range; 7. actual gross pension; 8. the value and nature of employer-paid benefits; 9. the basis for and the amount of any added remuneration, including expense reimbursement, in addition to salary; 10. job title; 11. job description; 12. education and training background; 13. previous work experience; 14. dates of terms; 15. honors and awards received; 16. payroll time sheets except to the extent that release of time sheet data would reveal the employee's reason for the use of sick or other medical leave. 7.02 The following personnel data on applicants to or members of advisory boards or commissions of the City is public (M.S. 13.601): (a) Data about applicants for appointment to a public body collected by a government entity as a result of the applicant's application for appointment to the public body are private data on individuals except that the following are public: (1)name; (2) city of residence except when the appointment has a residency requirement that requires the entire address to be public; (3) education and training; (4) employment history; (5) volunteer work; (6) awards and honors; (7)prior government service; and (8) any data required to be provided or that is voluntarily provided in an application for appointment to a multimember agency pursuant to section 15.0597. (b) Once an individual is appointed to a public body, the following additional items of data are public: (1) residential address; and (2) either a telephone number or electronic mail address where the appointee can be reached, or both at the request of the appointee. (c) Notwithstanding paragraph (b), any electronic mail address or telephone number provided by a public body for use by an appointee shall be public. An appointee may use an electronic mail address or telephone number provided by the public body as the designated electronic mail address or telephone number at which the appointee can be reached. Legislative Policy Manual-Chapter 3-E 11 7.03 Elected officials correspondence. Correspondence between individuals and elected officials is private data on individuals, but may be made public by either the sender or the recipient. (M.S. 13.33) 7.04 Elected or Appointed Officials; Financial Disclosure Statements. Financial disclosure statements of elected or appointed officials which, by requirement of the political subdivision, are filed with the political subdivision, are public data on individuals. (M.S. 13.60) 8. COMMUNITY& ECONOMIC DEVELOPMENT DATA 8.01 Appraisal Data. Estimated of appraised values of individual parcels of real property that are made by state or local personnel or by independent appraisers for the purpose of selling or acquiring land through purchase or condemnation are classified as confidential data on individuals or protected nonpublic data. The above data shall become public upon the occurrence of any of the following: 1. The negotiating parties exchange appraisals; 2. The data are submitted to a court appointed condemnation commissioner; 3. The data are presented in court in condemnation proceedings; or 4. The negotiating parties enter into an agreement for the purchase and sale of the property. 8.02 Economic Assistance Data. (M.S. 13.594) The following data collected by cities in their administration of the city economic development assistance program are classified as nonpublic data: 1. Application data, except company names, addresses, and other data that identify the applicant, until the application is approved by the city; 2. Application data, except company names, addresses, and other data that identify the applicant, that pertain to companies whose applications have been disapproved; 3. Attachments to applications including but, not limited to, business and personal financial records, until the application is approved; 4. Income tax returns, either personal or corporate, that are filed by applicants; and 5. Correspondence between the program administrators and the applicant until the application has been approved or disapproved. 8.03 Redevelopment Data. The following data collected in surveys of individuals conducted by cities and HRAs for the purposes of planning, development, and redevelopment, are classified as private data: 1. The names and addresses of individuals; and 2. The legal descriptions of property owned by individuals. The following data collected in surveys of individuals conducted by cities and HRAs for the purposes of planning, development, and redevelopment, are classified as nonpublic data: 1. The names, addresses, and legal descriptions of business properties; and 2. The commercial use of the property to the extent disclosure of the use would identify a particular business. Legislative Policy Manual-Chapter 3-E 12 8.04 Financial Assistance Data (a) The following data that are submitted to the HRA by persons who are requesting financial assistance are private data on individuals or nonpublic data: (1) financial statements; (2) credit reports; (3) business plans; (4) income and expense projections; (5) customer lists; (6) balance sheets; (7) income tax returns; and (8) design, market, and feasibility studies not paid for with public funds. (b) Data submitted to the authority under paragraph (a) become public data if the authority provides financial assistance to the person, except that the following data remain private or nonpublic: (1)business plans; (2) income and expense projections not related to the financial assistance provided; (3) customer lists; (4) income tax returns; and (5) design, market, and feasibility studies not paid for with public funds. The following data, that are submitted to the City by a business requesting financial assistance or a benefit financed by public funds, are private or nonpublic data: financial information about the business including, I. credit reports; 2. financial statements; 3. net worth calculations; 4. business plans; 5. income and expense projections; 6. balance sheets; 7. customer lists; 8. income tax returns; 9. and design, market, and feasibility studies not paid for with public funds. The above data becomes public when public financial assistance is provided or the business receives a benefit from the City, except that the following data remain private or nonpublic: 1. business plans; 2. income and expense projections not related to the financial assistance provided; 3. customer lists; 4. income tax returns; Legislative Policy Manual-Chapter 3-E 13 5. and design, market, and feasibility studies not paid for with public funds. 8.05 Assessor's Data. (M.S. 13.51) Data contained on sales sheets received from private multiple listing service organizations where the contract with the organizations requires the City to refrain from making the data available to the public is classified as private or nonpublic. The following data collected by the City from individuals or business entities concerning income properties are classified as private or nonpublic: 1. Detailed income and expense figures for the current year plus the previous three years; 2. Average vacancy factors for the previous three years; 3. Verified net rentable areas or net usable areas, whichever is appropriate; 4. Anticipated income and expenses for the current year; and 5. Projected vacancy factor for the current year. 8.06 Homestead Applications. The social security numbers of the property owners are private data on individuals. This data may be disclosed to the commissioner of revenue. (M.S. 273.124, Subd. 13) 8.07 Deferred assessment data. Deferred assessment data are private. (M.S. 15.1674) 8.08 Parking space leasing data. The following data on applicants for, or lessee of, a parking space is non-public: residence address, home telephone number, beginning and ending works hours,place of employment, and work telephone number. 9. HOUSING AGENCY DATA. (M.S. 13.54) 9.01 Definition. For purposes of this section "housing agency" means the public housing agency or housing and redevelopment authority of the City. Legislative Policy Manual-Chapter 3-E 14 9.02 Confidential data. The following data on individuals maintained by the housing agency are classified as confidential data: correspondence between the agency and the agency's attorney containing data collected as part of an active investigation undertaken for the purpose of the commencement or defense of potential or actual litigation, including but not limited to: I. Referrals to the office of the inspector general or other prosecuting agencies for possible prosecution for fraud; 2. Initiation of lease terminations and unlawful detainer actions; 3. Admission denial hearings concerning prospective tenants; 4. Commencement of actions against independent contractors of the agency; and tenant grievance hearings. 9.03 Protected nonpublic data. The following data not on individuals maintained by the housing agency are classified as protected nonpublic data: correspondence between the agency and the agency's attorney containing data collected as part of an active investigation undertaken for the purpose of the commencement or defense of potential or actual litigation, including but not limited to, referrals to the office of the inspector general or other prosecuting bodies or agencies for possible prosecution for fraud and commencement of actions against independent contractors of the agency. 9.04 Nonpublic data. The following data not on individuals maintained by the housing agency are classified as nonpublic data: all data pertaining to negotiations with property owners regarding the purchase of property. With the exception of the housing agency's evaluation of properties not purchased, all other negotiation data shall be public at the time of the closing of the property sale. 9.05 Private data on individuals. Income information on individuals collected and maintained by a housing agency to determine eligibility of property for property tax classification "4c" under section 273.13, subdivision 25, paragraph (c), is private data on individuals. The data may be disclosed to the county and local assessors responsible for determining eligibility of the property for classification 4c. 10. HOUSING BENEFIT DATA (M.S. 13.462) 10.01 Definition. As used in this section, "benefit data" means data on individuals collected or created because an individual seeks information about becoming, is, or was an applicant for or a recipient of benefits or services provided under various housing, home ownership, rehabilitation and community action agency programs administered by political subdivisions. 10.02 Public data. The names and addresses of applicants for and recipients of benefits, aid, or assistance through programs administered by any political subdivision that are intended to assist with the purchase of housing or other real property are classified as public data on individuals. Legislative Policy Manual-Chapter 3-E 15 10.03 Private data. Unless otherwise provided by law, all other benefit data is private data on individuals, and shall not be disclosed except pursuant to court order or to an agent of the state agency, political subdivision, or statewide system, including appropriate law enforcement personnel, who are acting in an investigation or prosecution of a criminal or civil proceeding relating to the administration of a program described in 10.01. 11. SOCIAL RECREATIONAL DATA. (M.S. 13.57) 11.01 The following data collected and maintained by the City for the purpose of enrolling individuals in recreational and other social programs are classified as private (the identity of people who are reserving space at recreational facilities or purchasing memberships has been determined to be public 99-028):' 1. The name, 2. Address, 3. Telephone number, 4. Any other data that identifies the individual, and 5. Any data which describes the health or medical condition of the individual, family relationships and living arrangements of an individual or which are opinions as to the emotional makeup or behavior of an individual. 12. MISCELLANEOUS 12.01 Absentee ballots. Sealed absentee ballots, prior to being opened by an election judge, are nonpublic (M.S. 13.37, Subd. 2) 12.02 Bank Account numbers. Bank account numbers and other financial institution data that members of the public give the City in order to pay for goods or services are classified as private data. (Section M.S. 13.37, Subd 1 (a) Security information) 12.03 Building plans: Building plans are generally public with two exceptions: 1) Plans with security features, e.g. plans with vault in house, would be non-public according to M.S. 13.37. 2) Plans that are copyrighted are non-public according to federal law. 12.04 Building code violations. Violation records pertaining to a particular parcel of real property and the buildings, improvements, and dwelling units located on it that are kept by the city agency charged by the governing body of the appropriate political subdivision with the responsibility for enforcing a state, county, or city health, housing, building, fire prevention, or housing maintenance code are public data; except as otherwise provided by section 13.39, Subd. 2; 13.44; or 13.82, Subd. 7. 12.05 Credit Card numbers. Credit card numbers that members of the public give the City in order to pay for goods or services are classified as private data. (Section M.S. 13.37, Subd 1 (a) Security information) Legislative Policy Manual-Chapter 3-E 16 12.06 Federal contracts data To the extent that a federal agency requires it as a condition for contracting with the City, all government data collected and maintained by the City, because of that contract with the federal agency, are classified as either private or nonpublic depending on whether the data is data on individuals or data not on individuals. (M.S. 15.1677) 12.07 Hop-A-Ride. Transportation service data. Personal, medical, financial, familial, or locational information data pertaining to applicants for or users of services providing transportation for the disabled or elderly, with the exception of the name of the applicant or user of the service, are private. (M.S. 13.72, Subd. 10) 12.08 Law Enforcement data. Information regarding law enforcement data can be found in the document Law Enforcement data. 12.09 Long-distance telephone bills paid for by the City are public data. (M.S. 10.46) 12.10 Local phone numbers dialed from a particular employee's work phone are private. (Advisory Opinion 00-002, 1/31/2000) 12.11 Minutes. The recorded minutes of a meeting of a public body are public government data prior to the minutes being formally approved by the body at a subsequent meeting. (Department of Administration opinion 94-026, 6/28/94). 12.12 National Night Out. The location of National Night Out parties is public data. Crime prevention block maps and lists of volunteers who participate in community crime prevention programs and their home addresses and telephone numbers is classified as Security Information and is nonpublic data. Crime prevention block maps and names, home addresses, and telephone numbers of volunteers who participate in community crime prevention programs may be disseminated to volunteers participating in crime prevention programs. (M.S. 13.37) 12.12 Personal data on City computers. Any such personal data are not government data because, although they have been created and/or maintained on a government-owned PC or laptop, the employee did not create them in her/his capacity as a government employee, and the purpose of the data is not related to the operation of government (Advisory Opinion 01-075). 12.13 Property complaint data. The names of individuals who register complaints with the City concerning violations of state laws or local ordinances concerning the use of property are classified as confidential. (M.S. 13.44) This includes complaints about odors (Advisory Opinion 99-045) and noise (Advisory Opinion 00-036). Legislative Policy Manual-Chapter 3-E 17 12.14 Sealed bids, including the number of bids received, prior to the opening of the bid are nonpublic. (M.S. 13.37) Data submitted by a business to a government entity in response to a request for bids are private or nonpublic until the bids are opened. Once the bids are opened, the name of the bidder and the dollar amount specified in the response are read and become public. All other data in a bidder's response to a bid are private or nonpublic data until completion of the selection process. For purposes of this section, "completion of the selection process" means that the government entity has completed its evaluation and has ranked the responses. After a government entity has completed the selection process, all remaining data submitted by all bidders are public with the exception of trade secret data. (M.S. 13.591) 12.15 The social security numbers of individuals collected or maintained by the City are private data on individuals, except to the extent that access to the social security number is specifically authorized by law." 12.16 State taxpayer identifying number of a business entity is classified as public data. (M.S. 270B.01, Subd. 5) 12.16 Utility Bills. Data on customers of the City's gas, water, sewer and storm water utilities are public data, according to section 13.03, except for Social Security numbers. (00-058) Financial institution data, such as bank accounts, are private data. (See Bank Account numbers and Credit Card numbers) 12.17 Public Utility Facilities. Data on computer systems, facilities, and equipment is non- public pursuant to Section 13.37. (02-014) Established: 1984 Revised:March 2009 Legislative Policy Manual-Chapter 3-E 18 INDEX ACCESS TO DATA ON INDIVIDUALS..............5 Access by labor organizations.............................10 Appraisal Data.........................................................13 Accident&worker's comp data.............................9 Assessor's Data........................................................15 Drug test results.....................................................9 Bank Account numbers............................................17 Employee home address&phone number.............8 Boards or Commissions...........................................12 Examples of private personnel data.......................8 Building code violations..........................................17 Harrassment data...................................................9 Building plans..........................................................17 Public data on current and former applicants.........7 CITY ATTORNEY/LEGAL.................................10 Public data on current and former employees........8 Civil actions.........................................................1 l Supervisor's Files.................................................10 Drafts of Documents............................................1 l Private data on individuals Lawsuits...............................................................11 Definition...............................................................3 COMMUNITY DEVELOPMENT DATA..........13 Property complaint data...........................................18 Confidential data on individuals Protected nonpublic data Definition...............................................................2 Definition...............................................................3 Credit Card numbers................................................17 Redevelopment Data................................................14 Data on individuals REQUESTS FOR GOVERNMENT DATA..........3 Definition...............................................................2 Data with commercial value ..................................4 Deferred assessment data.........................................15 Denying access to data...........................................4 EconomicAssistance Data.......................................13 Fees........................................................................4 ELECTED/APPOINTED OFFICIALS...............12 Form of Request....................................................3 Correspondence...................................................13 People entitled to Access.......................................3 Financial disclosure statements............................13 Public data.............................................................3 E-mail address...........................................................7 Time Limits...........................................................3 Federal contracts data..............................................18 Responsible Authority Financial Assistance Data..........................................4 Definition...............................................................3 Government data Sealed absentee ballots............................................17 Definition...............................................................2 Sealed bids...............................................................19 Homestead Applications..........................................15 Security information HoA-Ride 18 Definition...............................................................3 HOUSING AGENCY DATA................................15 SOCIAL RECREATIONAL DATA....................17 Housing Rehabilitation Programs............................16 Social security numbers...........................................19 Informed consent.......................................................5 Summary data LawEnforcement Data............................................18 Definition...............................................................3 Long-distance telephone bills..................................18 Preparation and Release.........................................6 Minutes....................................................................18 Taxpayer ID Number...............................................19 National Night Out..................................................18 Tennessen Warning...................................................6 Nonpublic data Trade secret information Definition...............................................................2 Definition...............................................................3 Parking space leasing data.......................................15 Utility Bills..............................................................19 Personaldata............................................................18 Utility Facilities.......................................................19 PERSONNEL DATA...............................................7 Legislative Policy Manual-Chapter 3-E 19 Footnotes ' Commissioner's opinion 99-028 further clarified this section. The data described in numbers 1-5 are not classified as private pursuant to Minnesota Statutes, section 13.57,and are therefore public(see section 13.03,subdivision 1). The data described in number 6 are classified as private pursuant to section 13.57 to the extent that the data are as follows: name; address; telephone number; any other data that identify the individual; and any data that describe the health or medical condition of the individual, family relationships and living arrangements of an individual or which are opinions as to the emotional makeup or behavior of an individual. I. The identity of people, either directly or as the contact person for an organization,who reserve,and pay for,use of the ice sheets at the City's ice arena; 2. The identity of people who reserve,and sometimes pay for,use of rooms in the City's community center and shelters in the City parks; 3. The identity of people who get permits to use City parks,but do not pay for the use; 4. The identity of people who get season passes to use the City-operated public beaches; 5. The identity of people who purchase memberships at the City's recreation center;and 6. The identity of people who apply for and receive scholarships for participation in recreation programs, and their supporting documentation of need. ' The following section was originally part of the Privacy Act but was not codified; it may be found at§ 552a(note). Sec. 7(a)(1)It shall be unlawful for any Federal, State or local government agency to deny to any individual any right, benefit, or privilege provided by law because of such individual's refusal to disclose his social security account number. (2)the provisions of paragraph(1)of this subsection shall not apply with respect to-- (A)any disclosure which is required by Federal statute,or (B)any disclosure of a social security number to any Federal, State,or local agency maintaining a system of records in existence and operating before January 1, 1975, if such disclosure was required under statute or regulation adopted prior to such date to verify the identity of an individual. (b) Any Federal, State or local government agency which requests an individual to disclose his social security account number shall inform that individual whether that disclosure is mandatory or voluntary, by what statutory or other authority such number is solicited,and what uses will be made of it. Legislative Policy Manual--Chapter 3-E 1 POLICY 3-G SOCIAL MEDIA POLICY 1. SOCIAL MEDIA POLICY 1.01 The City of Hopkins uses social media, such as Facebook, Instagram, Nextdoor and Twitter, as a means to provide two-way communication with the public. Although the City welcomes participation/comments from the public on its social media pagesplatforms, this ,-,-- is they are not a public forum. 1.02 The City reserves the right to delete comments that: • Contain vulgar language • Are personal attacks of any kind • Are offensive • Are prejudiced or hurtful remarks made toward any person or entity, including any ethnic, racial or religious group • Are spam • Include sales/promotion of goods or services, or links to other sites • Are off-topic • Advocate illegal activity • Promote services,products or political organizations • Infringe on copyrights or trademarks 1.03 The City Manager or designee is authorized to block any user who violates section 1.02 of the adopted Social Media Policy. 1.04 Please note that comments expressed on the City's social networking sites do not reflect the opinions or positions of the City of Hopkins, its employees or elected officials. 1.05 The City of Hopkins has made every effort to ensure the accuracy of the information provided on its social media platforms. However, several factors that are beyond the City's control (including unauthorized modification of electronic data, transmission errors, browser incompatibilities, information that has been cached on the local computer or storage device, or other aspects of electronic communication) can affect the quality of the information displayed on this site. For that reason, the City does not guarantee the accuracy of the information provided on its ly eebook and Twitter pages-social media platforms and is not liable for reliance on this information. Legislative Policy Manual--Chapter 3-G I LEGISLATIVE POLICY MANUAL CHAPTER IV Policy 4-A Lawful Gambling Poliey 4 C T`m por-ar-y Liquor- r 3.2Bee -Weenies Legislative Policy Manual--Chapter 4 1 RnI lf'V A u LIQUOR LAW VIOLATIONS THIS POLICY WAS Q REP A CED QV ORDINANCE lUCE 2004 014 Legislative Policy Manual --Chapter 4-13 1 POLI/`-V 4 C T-EA41PORARY LIQUOR LICENSE i. PURPOSE 1.01 The Hopkins City Couneil Fecognizes that the issuanee of tempew-y liquor- heense may Fesul undeFage dr-inking. The City Couneil believes that by er-eating a set of Fules and Fegkilatie regard to the issuanee ef these e of liquor-or-3.2 beef:eam be eneewaged. 2. REGULATIONS 2.01 A tempefar-y liquor- lieense will be issued on a peF event basis, eaeh event not lasting mefe than three days. 2.02 Sales Fflay only be eendueted between the hows of 12:00 p.m. and 12:00 a.m. 2.04 Appheation for-a tempemy liquer-lieense must be Feeeived at least five weeks pFier-to the event. 2.05 Applieafits for- hquer lieense must be an whose pfineipal leeation of offiee is within the City of Hopkins, has been leeated in Hopkins for-at least two years, and has a least Zh aetive m mbefs 2.06 Sales an&ef eensumption E)f liquor- or- beeF will only take plaee in enelesed building eF a fene 2.07 individuals under- the age ef 21 will not be allowed in an), desigfiated aFea wheFe liquoF or-beeF-I-S 2.08 All organizations whieh have a temper-afy liqueF lieense must use the following method fer. eheeking identifieation to ensure that under-age individuals do not purehase liquar or ee.. Anyone wishing to pur-ehase beer- must have a either- a 1 their-pietaf:e. ifidiN,iduals with the proper-1D will have theif hand stamped so that the aetual sellers- of the liquor- or- beer-will not have to eheek !Ds. if the e-.,efit e,*eeeds one day, a diffef:eat eelef: a WE must be ased on subsequent days. 2.09 No temper-afy liquor lieense shall be issited in eef�unetiea with a yetith aetivity.' ' during afiy ele..,lar year-will be limited to twelve (W. l�i3ly 2.11 The City Couneil feserwes the right to deny any liquer-lieense at its sole diseretion. 2.12 The appliewit fef: any temper-afy liquer heense will pr-evide the City Gler-k with a eei4ifieate Of 000 of liquef =E�aad showing tthe City as een insured. Ti'stablishedi 3/17776 Revised. 41/2008 11 11 is 11Publie 11 means an event wheFe the publie is invited of peFfflitted to attend. Legislative Policy Manual --Chapter 4-C 1